Juvenile detention centres and juvenile shelters 4) Testing for the presence of alcohol and narcotic drugs in the organism Another systemic problem detected in the visited establishments and signalled in the Report on the Activities of the NPM in 2014 is testing charges for the presence of alcohol or narcotic drugs. Interviews with juveniles revealed that it is a constant practice in most visited establishments67. It should be emphasised that, as in the case of youth care centres, the AJDP does not allow for requiring a juvenile to undergo such testing also as regards juvenile detention centres and juvenile shelters. In her general letter of 30 March 201568 to the Minister of Justice, the Commissioner for Human Rights indicated that no testing, regardless of its complexity, should not, however, be performed without explicit statutory authority for persons who perform it. In turn, implementing provisions should provide for a method of documenting such testing and allow for verifying its results which constitute a legal guarantee for the protection of interests of a juvenile. In the letter, the Commissioner requested the Minister to take a legislative initiative to indicate, by statute, entities authorised to perform testing: for the presence of alcohol, narcotic drugs and psychoactive substances in the organism of juveniles in juvenile detention centres and juvenile shelters, as well as specify, in implementing acts, conditions for and a method of performing, documenting and verifying such testing. In his reply of 21 April of 201569, the Secretary of State of the Ministry of Justice admitted that such provisions must be included in a legal act of statutory rank to ensure that the issue of testing for the presence of drugs, narcotic drugs and psychoactive substances is regulated in line with the Constitution. 5) CCTV surveillance in places of detention CCTV surveillance in the visited establishments covers, among others, passageways, corridors, transition, isolation rooms and infirmaries, workshop premises, isolation rooms for patients, lavatory vestibules. Two establishments70 did not archive CCTV footage for the period laid down in implementing provisions71. It should be pointed out here that video surveillance used in the establishments results in limiting the right to privacy (Article 47 of the Constitution) and is applied only pursuant to an implementing act, not a statute. As a matter of fact, no provision of the Act on juvenile JDC and JS in Mrozy, JS in Warsaw-Okęcie, JDC and JS in Głogów; JDC in Ostrowiec Świętokrzyski, JDC and JS in Laskowiec; JDC and JS in Warsaw-Falenica. KMP.573.42.2014.DK,  http://rpo.gov.pl/pl/content/wyst%C4%85pienie-generalne-z-dnia-30032015-r-do-ministrasprawiedliwo%C5%9Bci-dotycz%C4%85ce-podj%C4%99cia 69 Cf. DWOiPIII 0727/15/6, https://www.rpo.gov.pl/sites/default/files/Odpowied%C5%BA%20Sekretarza%20Stanu%20w%20 Ministerstwie%20Sprawiedliwo%C5%9Bci%20z%20dnia%2021.04.2015%20r.pdf 70 JDC and JS in Laskowiec; JDC and JS in Warsaw-Falenica. 71 The regulation currently in force introduced by the Ordinance of the Minister of Justice of 29 October 2015 amending the Ordinance on juvenile detention centres and juvenile shelters (Dz.U. of 2015, item 1809) requires that CCTV data be archived for 90 days (residential, transition, isolation rooms, infirmaries) and 60 days with respect to other premises. The previous provision provided that digital CCTV footage from residential, transition, isolation rooms and infirmaries be archived until juveniles placed there leave a centre or a shelter. 67 68 33